Public participation in constitution-making : a critical assessment of the Kenyan experience

Abstract:

Kenya has embarked on a constitutional making process that is hoped to ensure a transition to
democracy. The Constitution of Kenya Review Act, 2008 provides a legal framework for the making of a new
constitution. This research evaluates the current constitutional making process in Kenya and focuses on
the process undertaken by the coalition government in Kenya and the extent to which the people
of Kenya have been involved in the process.
This study is important because the current coalition government in Kenya is expected to deliver
a constitution before Kenya goes to elections in 2012. It is hoped that this study contributes to
the constitutional making process that is currently underway in Kenya. It emphasis the argument that a people driven process is necessary if governments that have suffered political violence and
instability are to become stable and inclusive.

Description:

A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr. Yonatan Tesfaye Fessha, Unversity of Western Cape, South Africa.

LLM Dissertation (Human Rights and Democratisation in Africa -- University of Pretoria, 2009.